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HomeMy WebLinkAbout108-859��, / r-) <�? - S�s j tTC f )` ti i.!l' NAN'I'KET F APPEALS December 9, 1985 Re: ALBERT L. SILVA, SR. (108 -85) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Cha stor 40A of the 1;eneral T_ -iws, and shall be filed within twenty (20) days after this date. William R. Sherman, Chairman BOAIKD OF' APPEALS TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 DECISION In the matter of the Application of ALBERT L. SILVA, SR., (108 -85) , at a meeting of the BOARD OF APPEALS held at-1:30 P.M. on Friday, November 22, 1985, at the Town and County Building, Nantucket, the Board enters the following Decision and -makes the following findings: 1. This is an application for a SPECIAL PERMIT granting relief under Nantucket Code, SECTION 139.22.H (Employer Dormitory) , and for a VARIANCE granting relief from the requirements of SECTION 139 -18 (Parking Requirements). If granted, the Applicants would be permitted to construct employer dormitory space within an existing building, and reduce the number of parking spaces required for the premises, including use as office space, storage, and employer dormitory, to four. The subject premises consist of the property shown on Plan Book 16, Page 49, as Lot 11 (Assessor's Map 42.4.1, Parcel 70), are located at 15 North Beach Street, and are zoned as LIMITED COMMERCIAL. 2. Based upon the application and the materials and testimony presented at the public hearing, the Board finds that the subject premises consist of a parcel of land containing an existing commercial building, now containing about 760 square feet of floor space. The applicant desires to construct an employer dormitory as a new second floor of the building which would be constructed within the existing structure. 3. The Applicant states that he intends to use the proposed second floor as living accommodations for his employees, and represents that he has encountered difficulty in finding affordable year -round housing for these employees. He, at the public hearing, agreed that the number of employees to be accommodated in the proposed dormitory at any time would not exceed two. 4. The Applicant has agreed at the public hearing that the number of employees within the office space upon the premises will not exceed three. Based upon this representation, this Board finds that the number of parking spaces required for the proposed use of the building is eight, computed as follows: 760 square feet of commercial use, at 1 space per 200 square feet 4 spaces Three employees 1 space Employer dormitory for two employees 3 spaces Total 8 spaces 5. This Board finds that the proposed employer dormitory would in harmony with the general Eurpose and intent of the zoning by -law, in that it would be consistent with the mixed Page 1 of 2 residential and commercial use of the neighborhood and would provide needed year -round housing for employees. 6. This Board finds that, owing to circurnstances relating to the shape of the land and structures upon the premises, especially affecting the premises but not affecting generally the zoning district in which they are located (consisting of the placement of the existing building upon the premises) , a literal enforcement of the provision of the by -law would involve substantial hardship (consisting of the fact that the provision of the required number of parking spaces would either be physically impossible or would be unsightly and offensive and would eliminate existing plantings and vegetation) to the applicant, and that desirable relief, in the form of a reduction of the number of required parking spaces from eight to four, may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the by -law (in that there is some duplication as to the employee and employer dormitory parking spaces that are required, and the public good is better served by providing for screening of the parking area than by requiring full compliance with the number of spaces provided by the by -law) . 7. The relief granted hereby is upon the conditions that the first floor shall be used for office purposes only; that there shall be no more than three employees therein; that the proposed employer dormitory shall be used by not more than two employees; that the applicant plant and landscape the area between the building and North Water Street; and that the applicant screen the rear portion of the premises with plant materials from view from the land adjacent thereto. 8. For the reasons and upon the conditions set forth, the BOARD OF APPEALS hereby GRANTS the applicant relief under the Zoning By -Law, Nantucket Code, Sections 139.22.H and 139 -18, permitting the applicant to construct an employer dormitory and reducing the required number of parking spaces to four, by a SPECIAL PERMIT and VARIANCE, by a UNANIMOUS VOTE. r William R. Sherman C44 Andrew J. Leddy, Jr. / c � C_,_� L 'a,,( I S�__ C. M shall Be le Page 2 of 2 /l No'Plci; A Public iiearing of the 3OARD 01' APPEALS will be held on Friday, November 22, 1985, at 1:30 P.M. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of ALBERT L. S�ILVA, SR. ( /6L5 -85), seeking a SPECIAL PERMIT under Nantucket Code §139.22.H (Employer Dormitory), and a VARIANCE under §139.18 (Parking Requirements). If granted, the applicant would be permitted to construct employer dormitory space within an existing building, and the number of required parking spaces would be reduced from eight to four. The premises are located at 15 NORTH BEACH STREET (Lot 11, Plan Book 16 -49), Assessor's Parcel 42.4.1 -70, and are zoned LIMITED COMMERCIAL. il /he rma Wv lam R. man, Chas BOARD OF APPEALS 4 FEE $100.00 Case No. /Ci -- APPT,ICA? I OIJ J0 T1+6' BOARD OF WEALS Nantucket, Massachusetts To the Members of the Board eF Appeals: The undCr519ned hereby applies for relief from the terms of the (ZONING BY -LAW) ( &VjK7QX)WWXA on property described below: Location of Property 15 North Beach Street (42.4.1 -701 Lot No. 11 _ _ fjan No. Plan Book 16, Page 49 District is zoned for LIMITED COMMERCIAL Type of structure (Existing or Proposed) or proposed use: Employer Dormitory Owner's Name Albert L. Silva Sr. Owner's Address c/o Arthur I. Reade, Jr., P.O. Box 2774, Nantucket, Mass. 02584 When did you acquire this property? January 30, 1970. Has application been filed at Building Department? No. Has any previous appeal been made? No. Section of By -Law or Code from which relief is reque$ted: 139 22 H (Employer Dormitory); 139 -18 (Parking Requirements) Reason for asking relief: Applicant requests a special permit to construct employer dormitory space within an existing building, and a variance to reduce the number of required parking spaces for the premises, including use as office space, storage, and employer dormitory, from eight to four, Signature of applicant ALBERT L. SILVA SR. By: lAf6ka ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the Town i of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION Application submitted to Board Advertising dates Hearing date(s) Decision of Board Decision filed with the Town Clerk TOWN OF NANTUCKET List of Parties in interest in the matter of the Petition of: Name: Albert L. Silva, Sr. Address: c/o Arthur I. Reade, Jr., P.O. Box 2774, Nantucket 02584 Property Address: 15 North Beach Street (42.4.1 -70 See attached list. I certify the foregoing is a list of persons who are owners of land abutting the property and owners of land directly opposite the property on any street or way, and owners of land within 300 feet of the property all as they appear on the most recent applicable TAX list. S� Date Assesssor Town of Nantucket LIST OF PARTIES IN INTEREST (Albert L. Silva, Sr.; 15 North Beach Street; 42.4.1 -70) Bion B., Jr. & Debra L. Hall 81 Green Street Brockton, Massachusetts 02401 Giorgio & Betty Santelli 412 6th Avenue New York, New York 10022 William H. & Frances Cassebaum 250 Booth Avenue Englewood, New Jersey 07631 Janice T. Kahn 10 Spring Hill Drive West Orange, New Jersey 07052 Barrie F. M. Bell Gracemere Tarrytown, New York 10591 Doris L. Johnson 231 East Cross Street Norwood, Massachusetts 02062 Sally R. & Hermon R. Johnson 15 North Water Street Nantucket, Massachusetts 02554 Bruce B. & Nancy S. Bates 87 Grosvenor Road Rochester, New York 14610 James C. Bushby James F. Brayton, Tr. c/o Violet A. Groll 70 Stony Hill Road Amherst, Massachusetts 01002 George C. Metcalfe 10 North Beach Street Nantucket, Massachusetts 02554 Albert L. & Gladys M. Silva 6 Gardner Road Nantucket, Massachusetts 02554 John H., Jr. & Jeanne H. West 11 Cliffholme Road Owings Mills, Maryland 21117 Page 1 of 2 (42.4.1 - 1) (42.4.1 - 2) (42.4.1 - 3, 42, 43, 44, 71, 72) (42.4.1 - 4) (42.4.1 - 5) (42.4.1 - 6) (42.4.1 - 7) (42.4.1 - 8) (42.4.1 - 36) (42.4.1 - 37, 38.1, 38.2) (42.4.1 - 39, 40, 66, 67, 68, 69; 42.4.4 - 15) (42.4.1 - 41) T Grove W. & Ann E. Stoddard et al (42.4.1 - 45, 46) 21 Wayside Court Fairfield, Connecticut 06430 Robert L. Wilson (42.4.1 - 47, 48) C/o Norma L. Oliver 32 Shawmut Avenue Hudson, Massachusetts Oliver T. & Martha Carr (42.4.1 - 49) 1700 Pennsylvania Avenue Washington, D.C. 20006 Peter T. & Thea K. Kaizer (42.4.1 - 65) 8 North Beach Street Nantucket, Massachusetts 02554 Brant Point Inc. (42.4.1 - 73, 74, 75, 76) 92 Pompano Road Yarmouth, Massachusetts 02675 Joseph W. & Betty P. Damsker (42.4.1 - 77, 78) 230 Midway Island Clearwater, Florida 33515 Sherburne Associates et al (42.4.1 - 82) Zero Main Street Nantucket, Massachusetts 02554 John B. & Colleen J. Arno (42.4.1 - 93) 30 Woodlane Road Lawrenceville, New Jersey 08648 Charles B. & Lillian M. Flemming (42.4.1 - 94) 9 North Beach Street Nantucket, Massachusetts 02554 Richard T. & Elizabeth P. Crawford (42.4.4 - 12) 1 Joining Brook Spring House, Pennsylvania 19477 John C. & Janet F. Targgart (42.4.4 - 14) 2300 Oxford Road Columbus, Ohio 43221 Edith Meyer Ranney (42.4.4 - 16) Cherry Lane Morristown, New Jersey 07960 Brant Point Realty Trust (29 - 85.1, 157) c/o Arthur I. Reade, Jr. One Liberty Square Boston, Massachusetts 02109 Page 2 of 2 - x.tAa "i"m.sa.n.